A Federal High Court in Abuja has ordered the forfeiture of five additional property linked to convicted former Minister of Power, Saleh Mamman.
Justice James Omotosho issued the order on Thursday while ruling on an application filed to that effect by the Economic and Financial Crimes Commission (EFCC).
The affected property include Walijam Apartments at No. 43 Plot 435, Lobito Crescent, Wuse 2, Abuja and Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State.
Others are a mansion at No. 11 Misratah Street, Wuse 2, Abuja, another mansion at No. 13 Misratah Street, Wuse 2, Abuja and A.U.A Plaza at Plot 734 Kade Street, Wuse 2, Abuja.
Justice Omotosho, in the ruling, ordered the permanent forfeiture of Walijam Apartments at No. 43 Plot 435, Lobito Crescent, Wuse 2 on the grounds that the EFCC was able to establish in the course of the criminal trial, that Mamman acquired the said property with unlawfully acquired funds.
The judge however, ordered the interim forfeiture of the other four property – Bloom Luxury Suites Nigeria Limited at No. 5 Amana Crescent, New Estate, Unguwan Rimi, Kaduna State, a mansion at No. 11 Misratah Street, Wuse 2, Abuja, another mansion at No. 13 Misratah Street, Wuse 2, Abuja and A.U.A Plaza at Plot 734 Kade Street, Wuse 2, Abuja.
Justice Omotosho held that the EFCC could not effectively establish that Mamman, who is currently serving his jail term of 75 years, acquired the property or has interests in them.
He ordered the EFCC to publish the order of interim forfeiture in a national newspaper within seven days for interested parties to appear before the court to show cause why the four property should not be finally forfeited to the Federal Government.
Earlier, Justice Omotosho faulted the argument by Mamman’s lawyer, Femi Atteh (SAN) that the court was functus officio (no longer has jurisdiction) after sentencing the ex-minister open his conviction.
The judge held that Section 321 of the Administration of Criminal Justice Act (ACJA) empowers the court to, after conviction, issue an order for restitution.
EFCC’s lawyer, Abba Mohammed had, while arguing the motion, stated that, though the court had delivered judgement in the case and convicted, Mamman, “the court is not functus officio and was empowered to proceed to hear the application.
Mohammed said, in the judgement, the court found that the convict siphoned N22 billion as against the N33.8billion contained in the charge preferred against the ex-minister.
He added that out of the N22b, which the court said the prosecution proved that the ex-minister diverted, the EFCC has only been able to recover less than N2 billion after the earlier forfeiture.
Justice Omotosho had, in the judgment in the criminal case, ordered the final forfeiture of the properties located in choice areas of Abuja and funds recovered in different currencies by the EFCC in the course of investigation.
The post “Court Not Functus Officio After Conviction” — Court Orders Forfeiture Of Five Properties Linked To Jailed Ex-Power Minister Saleh Mamman appeared first on TheNigeriaLawyer.
